- 29 -                                         
          entity and its principals.  Here, petitioner must establish that,           
          at the partnership level, Stonehurst was a sham transaction                 
          without profit motive.  Hulter v. Commissioner, 91 T.C. 371, 393            
          (1988); Fox v. Commissioner, 80 T.C. 972, 1006-1008 (1983), affd.           
          without published opinion 742 F.2d 1441 (2d Cir. 1984), affd. sub           
          nom. Barnard v. Commissioner, 731 F.2d 230 (4th Cir. 1984), affd.           
          without published opinions sub nom. Hook v. Commissioner, Kratsa            
          v. Commissioner, Leffel v. Commissioner, Rosenblatt v.                      
          Commissioner, Zemel v. Commissioner, 734 F.2d 5-7, 9 (3d Cir.               
          1984); see also Bealor v. Commissioner, T.C. Memo. 1996-435.                
          This was an issue that was not litigated in Heitzman v.                     
          Commissioner, T.C. Memo. 1987-109, and the record in the case at            
          hand lacks any direct reference to the economic motives of the              
          general partner.  Wind River had been organized to act as general           
          partner in Stonehurst, and Freemond had no previous experience in           
          oil and gas exploration.  For purposes of our inquiry, Freemond             
          and Wind River are shadowy figures, present only in the                     
          Memorandum and later letters chronicling Stonehurst’s dwindling             
          prospects of finding oil or natural gas and its ultimate demise.            
               The evidence in the record that Stonehurst was a sham                  
          transaction is circumstantial, and comes from the following                 
          sources:  (1) The Stonehurst documentation, (2) the testimony and           
          report of petitioner’s expert, Charles M. Bowers, and (3) the               
          testimony of Mr. Heitzman.  Our analysis of Stonehurst is also              
          informed by our report in Osterhout v. Commissioner, T.C. Memo.             
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